From “Winter Cherry” to “Crocus”

The Russian legal community is preparing to provide free legal assistance to victims of the terrorist attack at Crocus City Hall – more than 400 specialists across the country have reported their readiness to get involved in this work. They will assist victims in criminal and civil cases, including issues of compensation and registration of guardianship. The working group was headed by Advisor to the Federal Chamber of Lawyers (FBA) of the Russian Federation Irina Fast, who previously organized free legal assistance to victims of the fire in the Kemerovo Zimnyaya Vishnya shopping center in 2018. She told Kommersant how this work will take place and what compensation the victims and relatives of those killed in the terrorist attack can expect.

The Russian Bar offered free legal assistance to victims the very next morning after the terrorist attack. “Lawyers cannot stay away from this terrible tragedy. We know that people affected in such situations are in great need of qualified legal assistance. We will help everyone who applies at the highest professional level,” said Svetlana Volodina, President of the Federal Chamber of Lawyers of the Russian Federation. A working group was created to provide legal assistance to victims, it is headed by Irina Fast, an adviser to the FPA and an employee of the civil compensation law firm. She also participated in the work to provide legal assistance to victims of the fire in the Kemerovo shopping center “Winter Cherry” on March 25, 2018. Let us recall that 60 people (including 37 children) were killed then, and another 147 people were injured.

Ms. Fast told Kommersant that the Public Center for Assistance to Victims in the Winter Cherry shopping center brought together more than 30 lawyers. Over six years, they were able to help 76 close relatives of the victims – lawyers and lawyers conducted more than 1 thousand free consultations and took part in more than 120 court hearings in civil and criminal cases. According to the center’s claims, 171 million rubles were recovered and paid in favor of the victims’ relatives. This is what this amount was made up of: 3 million rubles each. for all close relatives of each deceased, as well as compensation for moral damage at the rate of 300 thousand rubles. with JSC Kemerovo Confectionery Plant (it owned the shopping and entertainment center) and 1 million 150 thousand rubles. with the Ministry of Emergency Situations of the Russian Federation for each close relative. Lawyers continue to work with the relatives of the victims, Ms. Fast says: “The global case is not over yet. The victims and I will appeal the verdicts regarding the amount of compensation for moral damage, since we consider it disproportionately low. But most of the work is done.”

According to Irina Fast, lawyers and lawyers “have learned a lot” from the Winter Cherry case, and these lessons are already being used by a group providing legal assistance to victims of the terrorist attack at Crocus City Hall.

By March 25, more than 400 lawyers from all over Russia had already offered their professional assistance to the group. “The issues are different: guardianship, paperwork, punishment of the perpetrators – and not only terrorists. Further support will be required in criminal cases as victims, as well as in civil cases. I hope we can handle it,” Ms. Fast told Kommersant.

The FPA adviser noted that during the Winter Cherry trials there was “strong resistance” from the accused. As a result, the trials took a long time and were “morally difficult”: “This still did not lead to a positive result for the accused. Rather, it made their situation worse. But for the victims, this became a real test – no less difficult than the loss of loved ones. I hope that in the situation with Crocus it will be simpler and people will not be involved in complex legal proceedings. I really want the terrorists to be quickly convicted. And if they find fault in the actions of the concert organizer, the developer, the management company – so that this guilt is recognized without unnecessary judicial ordeals, and compensation is voluntarily paid to people.”

Lawyers are confident that the amount of compensation to victims must “correspond to the value and importance of human life and health.” Ms. Fast explained that the families of the dead and injured are entitled to several types of payments, but their size is difficult to estimate until the end of the investigation: “Payments from the government in the amount of 3 million rubles have now been announced. for every life lost. There will also be payments for other reasons and in court – their size will depend on the specific situation and the results of the investigation.” The victims will also receive compensation for harm to health – 1 million rubles each. for those who were hospitalized, and 500 thousand rubles. for those receiving outpatient treatment.

In addition to payments from the government, the lawyer added, the relatives of the deceased are entitled to compensation for moral damages and compensation for funeral expenses.

If a person has dependents, they can count on monthly survivor benefits. Victims also have the right to a state disability pension, compensation for moral damage, compensation for lost earnings and additional expenses due to the need for treatment and recovery.

“If only terrorists are found guilty – they are fully responsible for the damage caused – then, in addition to the state ones, the victims will receive payments only on this basis. But the likelihood of receiving money from them is obvious,” explains the lawyer. “If the court finds violations under Art. 238 of the Criminal Code of the Russian Federation “Provision of services that do not meet safety requirements”, then the employers of the guilty persons will bear financial liability to the victims. In practice, property owners or other responsible persons usually pay additional compensation on a voluntary basis.” Ms. Fast added that victims can also count on funds collected through charitable contributions: “The amount and procedure for payments will be determined separately.” Previously, for example, Sber and the Russian Red Cross opened a special charity account for victims of the terrorist attack.

You can apply for free legal assistance by calling the head of the assistance group, Irina Fast (+7–903–602–29–00), the Moscow Bar Association (+7–999–837–56–82; +7–999–870–05– 42) and the Chamber of Lawyers of the Moscow Region (+7–968–500–51–27). In the coming days, a special section will be opened on the FPA Internet resource “Lawyers for Citizens” for victims of the terrorist attack in Crocus City Hall. “We are ready to help everyone who applies, there is a large professional team of Russian lawyers, we will do everything,” the lawyers assured.

In addition, at the moment, on the basis of the branch of the State Fund for Supporting Participants of the Defenders of the Fatherland in the Moscow Region, a 24-hour Help Center has been opened, where citizens can apply in person (Krasnogorsk, Stroiteley Boulevard, 4, building 1). There are not only lawyers there, but also representatives of government agencies, as well as psychologists.

Emilia Gabdullina